Revocable Living Trusts in Ohio
How revocable living trusts work under Ohio law and the other ways to pass property without probate.
Short answer: Ohio has adopted the Ohio Trust Code (R.C. Chapters 5801 to 5811), based on the Uniform Trust Code. A trust is created only if the settlor has capacity, indicates an intention to create the trust, the trust has a definite beneficiary (or is a charitable, animal-care or permitted… Ohio Rev. Code 5801.01; 5804.02; 5806.02
| Revocable living trust | Ohio has adopted the Ohio Trust Code (R.C. Chapters 5801 to 5811), based on the Uniform Trust Code. A trust is created only if the settlor has capacity, indicates an intention to create the trust, the trust has a definite beneficiary (or is a charitable, animal-care or permitted noncharitable-purpose trust), the trustee has duties to perform, and the same person is not the sole trustee and sole beneficiary. For trusts created by instruments signed on or after January 1, 2007, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. Assets must be retitled to the trustee (funded) for the trust to control them; property held in the trust at death passes under the trust terms without probate, while assets left in the decedent's own name may still need probate or release from administration. Creation requirements: https://codes.ohio.gov/ohio-revised-code/section-5804.02 |
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| Ways to avoid probate | Non-probate transfers available in Ohio: (1) Transfer on death designation affidavit for real estate, recorded before death (R.C. 5302.22). (2) Survivorship tenancy in real estate, where the survivor takes the decedent's share (R.C. 5302.20). (3) Payable-on-death bank and credit union accounts (R.C. 2131.10). (4) Transfer-on-death registration of securities, which is nontestamentary (R.C. Chapter 1709). (5) Transfer-on-death designation on the title of a motor vehicle, watercraft or outboard motor (R.C. 2131.13), and joint ownership of a vehicle with right of survivorship (R.C. 2131.12). (6) A surviving spouse may take one or more automobiles worth up to $65,000 in total outside the estate (R.C. 2106.18). (7) Release from administration for estates of $35,000 or less, or $100,000 or less when everything passes to the surviving spouse (R.C. 2113.03), and summary release for very small estates (R.C. 2113.031). (8) Revocable living trust (Ohio Trust Code). TOD deed: https://codes.ohio.gov/ohio-revised-code/section-5302.22; vehicle TOD: https://codes.ohio.gov/ohio-revised-code/section-2131.13 |
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- How Probate Works in Ohio
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- Letters Testamentary in Ohio
- Affidavit of Heirship in Ohio
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- All Ohio wills, probate and estate rules
FAQ
How do living trusts work in Ohio?
Ohio has adopted the Ohio Trust Code (R.C. Chapters 5801 to 5811), based on the Uniform Trust Code. A trust is created only if the settlor has capacity, indicates an intention to create the trust, the trust has a definite beneficiary (or is a charitable, animal-care or permitted noncharitable-purpose trust), the trustee has duties to perform, and the same person is not the sole trustee and sole beneficiary. For trusts created by instruments signed on or after January 1, 2007, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. Assets must be retitled to the trustee (funded) for the trust to control them; property held in the trust at death passes under the trust terms without probate, while assets left in the decedent's own name may still need probate or release from administration.
How can you avoid probate in Ohio?
Non-probate transfers available in Ohio: (1) Transfer on death designation affidavit for real estate, recorded before death (R.C. 5302.22). (2) Survivorship tenancy in real estate, where the survivor takes the decedent's share (R.C. 5302.20). (3) Payable-on-death bank and credit union accounts (R.C. 2131.10). (4) Transfer-on-death registration of securities, which is nontestamentary (R.C. Chapter 1709). (5) Transfer-on-death designation on the title of a motor vehicle, watercraft or outboard motor (R.C. 2131.13), and joint ownership of a vehicle with right of survivorship (R.C. 2131.12). (6) A surviving spouse may take one or more automobiles worth up to $65,000 in total outside the estate (R.C. 2106.18). (7) Release from administration for estates of $35,000 or less, or $100,000 or less when everything passes to the surviving spouse (R.C. 2113.03), and summary release for very small estates (R.C. 2113.031). (8) Revocable living trust (Ohio Trust Code).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.